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this post was submitted on 15 Nov 2023
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It will be up to the judge on each case to decide, I'm sure that we could see different rulings for very similar cases.
Ultimately wether they win or lose they don't want to stir the flames, else they would have already done what you said. If it was so black and white, the penalty wouldn't be "blocking promotions".
Sure, Amazon doesn't want hundreds of extra lawsuits, but the staff also don't want to waste their money on legal fees for a suit that's a guaranteed loss. Case law is very well-established.
What's with the assumption that it's the law that is keeping Amazon from mass-firing staff who won't come in?
The approach they're taking is just a smart business decision. It allows them to spread the disruptions out so they're more manageable, to keep employees who's skills justify flexibility in the WFH rules, and prevents the PR impact of a mass termination.